These Terms are important. Please read these Terms carefully before you start to use the Website, Mobile App and Services and make sure you understand each provision as they contain important information about the Services provided to you.
By using the Website, Mobile App and Services, you indicate that you accept and agree to abide by these Terms. If you do not agree to these Terms, please refrain from using the Website, Mobile App and the Services. These Terms expressly supersede prior agreements, understandings, or arrangements with you regarding the subject matter of these Terms.
To make use of the Services, you must register for and maintain an active personal account (‘Account’). You must be at least 18 years of age to obtain an Account or use the Services. Account registration requires you to submit to us certain personal information, such as your name, address, mobile phone number, age, and a valid payment method supported by us. By agreeing to the Terms, you represent (i) that you are at least 18 years old and reside in a state or country where the Services may legally be provided (ii) you are the person whose name and other information have been provided for the account that you have or are creating, (iii) that you have not previously been suspended or removed from the Services, and (iv) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations. If you are using the Services on behalf of an entity, organisation, or company, you represent and warrant that you have the authority to bind such organisation to these Terms and you agree to be bound by these Terms on behalf of such organisation.
You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in additional fees and/or inability to access or use the Services.
You are responsible for maintaining the confidentiality of your account and password. You are responsible for authorising, deauthorising and administering Account access.
We may use the email you provide to us in your user account profile to provide you with service messages and updates. By becoming a user, you are consenting to the receipt of these communications.
To modify or terminate your Account or Services, log in to the Charge My Ride portal on the Website or Mobile App and follow the modification and/or termination instructions provided therein.
Upon termination of Services or your Account, your method of payment will be charged for any unbilled amounts due herein.
ACCESSING THE WEBSITE
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the information and/or Services we provide on the Website without notice (see below).
We will use reasonable endeavours to ensure that the Website is available 24 hours, 7 days a week. We will not, however, be liable if for any reason the Website is unavailable at any time or for any period. The Services may be unavailable during maintenance periods or during an emergency. In addition to normal maintenance, there may be events that will make the Services inaccessible for a limited amount of time due to unforeseen circumstances.
From time to time, we may restrict access to some parts of the Website, or the entire Website, to users who have registered.
If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms. We have the right to cease offering the Services at any time and in our sole discretion.
When using the Website, you must refrain from making or doing anything listed under the “Services; Website; Mobile App Restrictions” section of these Terms.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.
USE OF MOBILE APP
“Mobile App” means the software application provided by the Ministry which enables access to the Services on mobile devices including any third-party software or documentation which enables the use of the software application and any upgrades thereto made available from time to time.
The Ministry hereby grants you a non-exclusive, non-transferable, royalty-free, revocable licence to use the Mobile App for your personal use in accordance with these terms and conditions and subject to any rules or policies applied by any app store provider or operator from whose site the Mobile App has been downloaded (‘Appstore’).
All trademarks, copyright, database rights and other intellectual property rights of any nature Mobile App together with the underlying software code are owned either directly by us or by our licensors. We do not sell the Mobile App to You. We remain the owners of the Mobile App at all times.
You hereby acknowledge that we may establish general guidelines, practices and limitations in regard to your use of the Mobile App. You further acknowledge that we reserve the right to change any general practices, guidelines, and limitations at any time, at our sole discretion, with or without notice.
The Mobile App is currently made available to you free of charge. You may make use of the Mobile App in order to provide your services but You shall not resell or redistribute the Mobile App for profit. We reserve the right to amend or withdraw the Mobile App or charge for the Mobile App or service provided to You, at any time and for any reason.
Any data being utilised by the Mobile App shall be subject to the specific terms and conditions governing the re-use of public sector information.
If you are not the bill payer for the mobile device being used to access the Mobile App, you will be assumed to have received permission from the bill payer for using the Mobile App. You acknowledge, and shall ensure that the bill payer acknowledges, that the terms of agreement with their respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Mobile App. As a result, the bill payer may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile App or any such third-party charges as may arise. You agree, and shall ensure that the bill payer agrees, that the bill payer accepts responsibility for any such charges.
Any (a) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Mobile App; or (b) create derivative works of the Mobile App of any kind whatsoever, shall be strictly prohibited.
We shall use all reasonable efforts for the Mobile App to be fully functional a) where this is technically feasible and b) on devices (i) that are considered mainstream; (ii) having a mainstream operating system; (iii) having the software stack configured as supported by the original device vendor; (iv) having the operating system patched with the latest updates.
The version of the Mobile App may be upgraded from time to time to add support for new functions and services.
We do not guarantee that the Mobile App will be accessible on any specific device, nor through any specific internet connection or service plan. We do not accept any responsibility whatsoever for unavailability of the Mobile App or any difficulty or inability to download or access content due to any acts or omissions of the Appstore or any other communication system failure which may result in the Mobile App being unavailable.
You acknowledge that the Mobile App may be affected by factors which are beyond our reasonable control including, but not limited to, the internet and mobile networks which directly impact the availability of the Mobile App and the quality of the user experience.
We may send communications including, but not limited to: push notifications, text messages, picture messages, alerts, emails, or any other type of message sent to you through the Mobile App. You shall bear sole responsibility for any and all fees that may be charged by your third-party wireless service provider for any data, text messaging, or any other wireless messages generated by the Mobile App. If you wish to opt out of receiving push notifications from the Mobile App, you may do so through the settings option within the Mobile App or on your mobile device (this may exclude infrequent but important service announcements or administrative messages). Please contact your service provider to obtain more information regarding fees as they pertain to push messages.
Furthermore, the Mobile App utilises geolocation functionality of your mobile device to track your exact location. By using the Mobile App, you hereby grant permission for us to access the GPS’ functionality of your device to locate you. Since the Mobile App uses an automated function to access and track your location, we may determine your exact location any time that the Mobile App is open on your device. It is recommended therefore that you should close the Mobile App when you are not using it. We do not make any claim nor representation that it will keep any records of your location, and we shall bear no responsibility nor liability to you, to any other person, or to any other third-party for any loss, damage, or destruction to any location information. We shall bear no responsibility for the storing of any location information, for the disclosure of any location information, of the deletion of any location information, or for the failure to store any location information.
From time-to-time updates to the Mobile App may be issued through the Appstore. Depending on the update, you may not be able to use the Mobile App until you have downloaded or streamed the latest version of the Mobile App and accepted any new terms.
We may terminate use of the Mobile App at any time by giving you prior notice of termination. Upon any termination: (a) the rights and licenses granted to You herein shall terminate; (b) You must cease all use of the Mobile App.
Without prejudice to the other terms on limitation of liability and disclaimer of warranties set out within, we are not liable to you for any damage or alteration to Your equipment including, but not limited to, computer equipment, handheld device or mobile telephones as a result of the installation or use of the Mobile App.
We shall not be held liable in the event of any technical malfunctions occurring during the usage of the Mobile App arising from the downloading of other applications, any technical faults, misuse of Your device, battery life, connectivity issues or any other factors that may arise and which are beyond Our reasonable control.
PRICING, BILLING & PAYMENTS
Unless specified otherwise, we reserve the right to establish and revise the charging pricing and fees, or usage-based fees, at any time in our discretion for each charging session. We will use reasonable efforts to inform you of material changes in fees and pricing that may apply to you, provided that you will be responsible for any charges incurred under your Account regardless of your awareness of pricing. All charges paid by you are final and non-refundable, unless otherwise determined by us.
Generally, we will charge the method of payment that you designate to your Account every time you initiate a charging session. Each session payment will be collected on the same day as the applicable charging session. If we are unable to collect payment on the date and time of charging session, we reserve the right, to be exercised in our sole discretion, to disable your access to the Services without advanced notice.
Host Property Restrictions
The Charge my Ride charging pillar may be located and hosted on a third party’s property (the ‘Host’). As such, you agree to observe and obey any and all rules set by Hosts pertaining to their property and the use of the Charge My Ride charging pillar on such Host properties, including but not limited to, general customer or visitor conduct, parking restrictions, parking time limitations, and hours of operation. You are solely responsible for any damage, fees, penalties, or loss caused by your noncompliance of any Host rules.
Assistance and Support
In the event of any equipment malfunction or other technical issue with your Account or a Charge My Ride charging pillar, please call +356 2779 9299 or the contact number located on the Charge My Ride charging pillar.
SERVICES; WEBSITE; MOBILE APP RESTRICTIONS
You may use the Services, Website and the Mobile App only for lawful purposes. You may not use the Website/Mobile App:
- In any way that breaches any applicable law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- In any way which may infringe our rights or the rights of third parties;
- To post, transmit or disseminate any information on or via the Website/Mobile App which is obscene, defamatory or in any way harmful;
- To obtain or attempt to obtain unauthorised access to the Website/Mobile App;
- To alter, deface or interfere with the Website/Mobile App in any way;
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- Attempt to gain unauthorised access to any portion or feature of the Services, or any other systems or networks connected to the services or to any Ministry server, or to any of the services offered on or through the Website/Mobile App, by hacking, password “mining” or any other illegitimate means;
- To probe, scan, or test the vulnerability of the Website/Mobile App, including the Services or any network connected to the Website/Mobile App, nor breach the security or authentication measures on the Website/Mobile App, including the services or any network connected to the website/Mobile App, including the Services;
- To reverse look-up, trace or seek to trace the source of any information on any other user of or visitor to the Website/Mobile App, or any other customer of the Ministry, including any service account not owned by you or exploit the Website/Mobile App or any service or information made available or offered by or through the Website/Mobile App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website/Mobile App or any service provided through the Website/Mobile App;
- To forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Ministry on or through the Website/Mobile App or any service offered on or through the Website/Mobile App. You may not pretend that you are, or that you represent, someone else, or impersonate any other person or entity unless authorised.
We reserve the right to disclose your personal information to any competent law enforcement authorities in the event of a breach of the preceding paragraph.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of the Website/Mobile App in contravention of the provisions of Terms.
- Not to access without authority, interfere with, damage or disrupt:
- any part of the Website/Mobile App;
- any equipment or network on which the Website/Mobile App is stored;
- any software used in the provision of the Website /Mobile App; or
- any equipment or network or software owned or used by any third party.
- Not to use any “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any content provided through this Website or Mobile App, or in any way reproduce or circumvent the navigational structure or presentation of the services or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website/Mobile App. We reserve the right to bar any such activity.
- Not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, Mobile App or any of our systems or networks, or any systems or networks connected to the Website or Mobile App.
- Not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or Mobile App, including the Services, or any transaction being conducted on the Website or Mobile App with any other person or entity using the website, including the services.
Furthermore, you may not use the Services (i) in any way that could cause harm, nuisance, annoyance, inconvenience, damage or adversely affect any or our reputation or property, including the Charge My Ride charging pillars, or (ii) in any way prohibited by these Terms, any supplemental terms or other Ministry policies. Additionally, you may not attempt to repair, physically modify, reverse engineer, or derive source code from any Charge My Ride charging pillar. You acknowledge and agree that the manufacturer of all Charge My Ride charging pillars and equipment has reserved all right, title, interest in and to intellectual property associated with the Charge My Ride charging pillars and equipment and that you shall take no action that would cause, or by inaction permit, any impairment of any right, title, and interest of the manufacturer in such intellectual property and to otherwise respect the legal rights of the manufacturer.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the Website and Mobile App, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off copies, and may download extracts, of any page(s) from the Website and Mobile App for your personal reference and you may draw the attention of others within your organisation to material posted on the Website and Mobile App.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
If you print off, copy or download any part of the website in breach of these terms and conditions of use, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
COOPERATION WITH LAW ENFORCEMENT AND GOVERNMENT AUTHORITIES AND REQUIRED DISCLOSURES
You hereby acknowledge and confirm that we have the right to investigate any complaint and take any action on reported violations of these Terms, which shall include but not limited to infringements to privacy rights, intellectual property, and website security issues, to the fullest extent of law. We may report violations to, and involve and cooperate with law enforcement authorities, regulators or other competent authority in prosecuting users who violate these Terms.
You hereby acknowledge that we have no obligation to monitor your access to or use of the Website/Mobile App or the Services however we have the right to do for the purpose of operating the Website/Mobile app, to ensure compliance with these Terms or comply with applicable laws and regulations or the order or requirement of a court, administrative authority or other governmental or regulatory body.
You acknowledge and agree that we may disclose your personal information, IP Address, traffic information or any other information relating to your Account or use of our Website/Mobile App or Services if required to do so by any law or regulation, any court order, legal process, including to respond to any government request or if we believe that such action is necessary to (a) conform to law or comply with legal process served on us or investigate, prevent or take action regarding suspected or actual illegal activities, (b) to enforce these Terms, take precautions against liability, too investigate and defend ourselves against any third-party claims or allegations, or to protect the integrity of our Website/Mobile App; or (c) to exercise or protect the rights, property or the safety to us, our users or others.
LIMITATION OF LIABILITY
The material displayed on the Website/Mobile App is provided without any guarantees, conditions or warranties as to its accuracy.
To the extent permitted by law, we, any identified contributors (including entities within Government of Malta) and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by law.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the subject matter of these Terms, any errors in or omissions from the Website/Mobile App or the Services obtained therefrom, or in connection with the use, interruption, unavailability, inability to use, or results of the use of the Website/Mobile App and of any features or content thereof, any websites linked to them and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for any other liability which cannot be excluded or limited under applicable law.
You agree to indemnify and hold us harmless and our respective officers, employees, contractors and agents from and against all third-party actions, cause of action, claims, demands, losses, costs, damages, deficiencies, judgements, liabilities, penalties, fines, assessments and expenses (including, without limitation attorney’s fees and costs of litigation) which they or any of them suffer or incur resulting from, by reason of, arising out of or in connection with: (i) personal injury, bodily injury, including fatal injury to, or loss of or damage to the property of, any person or entity whatsoever (including the parties hereto) arising out of or in connection with your, or anyone using your account access credentials (ii) your negligent use of the Services (iii) any breach by you of any representation, warranty, agreement, obligation, or covenant made by you to us including in any agreement, form, certificate, document, schedule, annex or other information relating to or delivered pursuant hereto, (iv) any actual or prospective claim, litigation, investigation, or proceeding relating to any of the foregoing, whether based on agreement, tort or any other theory whether brought by a third party or by you, or (v) your use of the Website/Mobile App.
DISCLAIMER OF WARRANTIES
The Services are provided “as is” and “as available”. All warranties and representations, express, implied, or statutory, including but not limited to, non-infringement and all other similar warranties are hereby expressly disclaimed with respect to (i) the Services (ii) information, content and documents from or through the Website/Mobile App and (iii) the Ministry’s charging pillars and equipment, except as set forth in these Terms. We make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any services or products requested through the use of the Services or that the Services will be uninterrupted, available or operational at any particular location or at any particular time, or that they will be error-free or virus-free.
We do not guarantee the quality, suitability, safety or ability of merchants or third-party service providers. You agree that the entire risk arising out of your use of the Services, and any service or product requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
Furthermore, we declare, and you acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law. You should note in particular:
- The services provided through the Website/Mobile App are not intended to constitute a definitive or complete statement of the law on any subject.
- The services provided through the Website/Mobile App are not intended to constitute legal advice in any specific situation.
- The services provided through the Website/Mobile App include archived information and resources, which may be incorrect or out of date.
- The services provided through the Website/Mobile app, and our means of delivering it may be incompatible with your software or computer configuration.
THIRD PARTY CONTENT; MERCHANTS
We may advertise certain offerings from third-party providers (‘Merchants’) in connection with the Website or Mobile App. You understand that we do not operate or control the products or services offered or provided by Merchants and we are not responsible for information provided by you to Merchants. All agreements, rules, policies (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchants sites. Merchants are responsible for all aspects of order processing, fulfilment, billing, and customer service. We are not a party to the transactions entered into between you and any Merchant. The Ministry and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. You agree that use of or purchase from such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied, or otherwise, including but not limited to, warranties of title, fitness for purpose, merchantability, or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you and any merchants, any information appearing on merchants’ website, or any other site linked to our Website or any products or services of such merchants.
CHANGES TO THE WEBSITE /MOBILE APP
We aim to update the Website and Mobile App regularly and may change the content at any time. If the need arises, we may suspend access to the website, or close it indefinitely. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, or other device, data or other proprietary material due to your use of the Website/Mobile App or to your downloading of any material posted on it, or on any website linked to them.
These Terms shall be governed by and interpreted in accordance with the Laws of Malta and it is hereby irrevocably agreed and accepted that the Courts of Malta shall have exclusive jurisdiction to settle any claim, difference or dispute (including without limitations claims for set-off or counter-claims) which may arise out of or in connection with such Terms.
LINKS TO OTHER WEBSITES
Where the Website or Mobile App contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
LINKS TO WEBSITE/MOBILE APP
You may link to the Website/Mobile App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
The Website must not be framed on any other site.
Last update: 22nd October 2021